Reasonable adjustments are available to any employee who is considered disabled under the Equality Act 2010. But who exactly qualifies as disabled, and what disabilities are covered? In this lesson, we’ll break down who is entitled to reasonable adjustments and what conditions are recognised under UK law.
Defining Disability under the Equality Act 2010: Under the Equality Act 2010, a person is considered disabled if they have a physical or mental impairment that has a long-term adverse effect on their ability to carry out normal day-to-day activities. The term “long-term” means that the condition has lasted, or is expected to last, for at least 12 months, or is likely to last for the rest of the individual’s life.
The Act covers a wide range of impairments, and disability can take many different forms. The key is whether the impairment significantly impacts the individual’s ability to do everyday activities or perform tasks that are necessary in their role.
Types of Disabilities Covered:
Physical Disabilities: Physical disabilities can include mobility impairments, visual or hearing impairments, and conditions such as arthritis, multiple sclerosis, or cerebral palsy. For example, a person with a physical disability may require a modified workspace or the use of assistive technology.
Mental Health Conditions: Mental health conditions such as depression, anxiety, bipolar disorder, and schizophrenia are also covered under the Equality Act 2010. For instance, an employee experiencing mental health challenges may need flexibility in working hours or access to mental health support services.
Neurodiverse Conditions: Conditions such as autism, ADHD, dyslexia, and other neurodevelopmental disorders are recognised as disabilities under the Act. An employee with autism may need a quieter work environment or specific instructions to manage tasks more effectively.
Chronic Health Conditions: Conditions like diabetes, epilepsy, chronic fatigue syndrome, and asthma, which may not be immediately visible, can also entitle an individual to reasonable adjustments if they significantly affect their day-to-day activities. For example, an employee with asthma might need adjustments to their working conditions to avoid exposure to triggers such as dust or fumes.
Progressive Conditions: Disabilities that get worse over time, such as Parkinson’s disease or Huntington’s disease, are also covered. Employees with progressive conditions may need adjustments as their symptoms change over time.
Example Case: In the case of Archibald v. Fife Council (2004), the court ruled that an employee with a physical disability was entitled to reasonable adjustments, including the option to apply for alternative positions within the organisation. The case highlighted the importance of employers taking proactive steps to accommodate employees whose disability may impact their ability to do their current job.
Conclusion: Anyone with a physical, mental, or neurodiverse disability that impacts their ability to work may be entitled to reasonable adjustments under the Equality Act 2010. These adjustments can help remove barriers that might otherwise prevent employees from performing to their full potential, ensuring a fair and accessible workplace for everyone.
